Symposium: Demonstrations of the importance and benefits of collaborative international research

Symposium: Demonstrations of the importance and benefits of collaborative international research: Anglo- Japanese research and networking

 

Authors: Dave Walsh, Gavin Oxburgh, Takashi Terashima, Robin Orthey, Marina Okamoto, Graham Brooks, Makiko Naka, Akira Kyo, Liam Satchell, Joanne Rechdan, Ray Bull, Igor Areh, Tom Ellis, Masayuki Otake

 

1. Interpreter-assisted interviews: Examining investigators and interpreters’ views on their practice

Dave Walsh, De Montfort University, Leicester, UK

Gavin Oxburgh, Northumbria University, UK

 

The investigative interviewing of victims, witnesses and suspects is one of the most frequent and important tasks undertaken by those conducting law enforcement investigations. Over the past twenty years or so there has been a substantial growth in the amount of research examining the practice. Nonetheless, much less research has been conducted into those interviews where an interpreter is increasingly present. Using a self-administered questionnaire, the present study examined the beliefs of 66 investigators and 40 interpreters in the context of international criminal investigations, concerning certain key tasks in such interpreter-assisted interviews. It was regularly found that there was not always a consensus of opinion either within or between these two groups of professionals concerning whether (when participating in investigative interviews) (i) they prepared jointly with each other; (ii) interpreters assisted (or otherwise) with rapport building; (iii) interpreters could interpret accurately; and (iv) interpreter interventions were disruptive or not. Given such divisions of opinion, our findings tend to suggest that there is a lack of clarity as to the role of interpreters and, indeed, only personalised views as to what is best practice. The implications of our findings are discussed and recommendations are made to enable practice enhancement.

 

2. Emerging research in Japan concerning the use of interpreters in interviews with suspects

Takashi Terashima, Fukuoka District Public Prosecutors Office, Japan

 

The world is globalised and the cross-border movement of people will be recovering and increasing after overcoming the pandemic. It is important to ensure that adequate interpreters are available in criminal justice procedures and to maintain fairness when dealing with crimes committed by foreign nationals. This presentation is about the challenges present in the Japanese legal interpretation system, which the presenter, a Japanese public prosecutor, has become aware of through research into the legal interpretation system in the UK. This presentation will deal with three topics; the first is how to make high quality interpreters available; the second is how to remove inadequate interpretation; and the third is how to maintain the quality of interpreters. In this presentation, the details of the Japanese system and its challenges will be illustrated, referring to the presenter’s personal experience of criminal cases.

Note: this presentation is intended to present the presenter’s personal views and not to represent the Japanese Public Prosecutors Office’s views

 

3. Details of a research programme concerning the Concealed Information Test conducted in Japan

Robin Orthey, Aoyama Gakuin University, Tokyo

 

In this presentation, there is a discussion of the Concealed Information Test (CIT), a technique that does not detect deception, but detects memory for crime details in suspects. Japan is the only country where the polygraph deploying the CIT is widely applied to criminal investigations. The CIT is argued by its proponents to reveal whether suspects possess knowledge of specific details of a crime. Furthermore, the CIT is said to be able to extract crime-relevant information that investigative organizations have not yet uncovered.

Despite being described as valid, the CIT is rarely used in real criminal investigations worldwide. One potential reason is that many practitioners have not known how to apply the CIT in the field. In this presentation, we introduce the field use of the CIT in Japan, where the CIT has been widely used for criminal investigations. About 100 polygraph examiners deal with about 5,000 cases per year. These examiners administer the polygraph after completing a training course at the Forensic Science training centre, affiliated with the National Research Institute of Police Science, Chiba. This presentation also reflects developing research as how Japanese polygraphers use the CIT in criminal investigations, alongside the efficacy of the CIT.

 

4. Examination of a Child Victim at a Criminal Trial

Marina Okamoto, Public Prosecutor, Japan

 

Victims are usually vulnerable, and the need to mitigate their burden is a critical issue. This need is applicable in investigation and examination at a trial, and this problem is shared among Japanese public prosecutors. Especially when the victim is a child, the public prosecutors must take even greater care not to cause secondary damage. Thus, it is an ideal way not to let such a victim appear in court and testify before a defendant. However, defendants and defence lawyers do not always agree with a child victim’s written statements to be examined as evidence at a trial; instead, they often demand the victim’s examination. In such a situation, what ways can a public prosecutor take to protect the victim? This presentation focuses on how Japanese public prosecutors obtain evidence from a child victim and prove the fact in a trial without the appearance of the victim in court while ensuring the right to a fair trial of a defendant. This presentation will illustrate in what circumstances the use of written statements can be admitted as an alternative way of the examination of the victim and what problems the Japanese criminal justice system has, in particular, on the protection of a child victim, by introducing a case that a presenter has experienced as a public prosecutor.

Note that this presentation is based on the presenter’s personal view, and it is not an official opinion of the Japanese Public Prosecutor’s Office.

 

 

5. Interviews conducted by the police and prosecutors with autistic adults in Japan: A review of the literature and directions for future research

Dave Walsh, De Montfort University, Leicester

Graham Brooks, University of West London

Gavin Oxburgh, Northumbria University.

Makiko Naka, Riken Scientific Research Institute, Saitama

Akira Kyo, Kwansei Gakuin, University, Osaka

 

Developments have occurred in Japan over the last 20 years or so in the training of the police and their public prosecutors in the interviewing of victims, witnesses and suspects of crime, being important features of criminal investigations.  In some cases, individuals may manifest characteristics prevalent on the Autism Spectrum Disorder (ASD) scale, though identification of individuals with this disorder has been found to be problematical to police officers and public prosecutors. Whilst there is some literature on autism in Japan, with regard to its criminal justice system, studies examining interviews conducted by the police and, in turn, public prosecutors with autistic adults remain scant. To begin to address this deficit in our understanding, we provide an overview of the literature concerning contemporary techniques when interviewing adults on the ASD scale during criminal investigations, offering lessons learned from research conducted around the world. We also review how public prosecutors in Japan are trained to deal with adults on the ASD scale.  Implications for practice in Japan are discussed.

 

6. Applications of Legal Psychology in Japan: Current practice, research knowledge, and future directions

Robin Orthey, Aoyama Gakuin University, Tokyo

Liam Satchell, University of Winchester

Joanne Rechdan, Bournemouth University

Akira Kyo, Kwansei Gakuin, University, Osaka

Makiko Naka, Riken Scientific Research Institute, Saitama

Dave Walsh, De Montfort University, Leicester

 

The aim of legal psychology is to produce evidence-based recommendations for improving the quality of justice systems. It should be noted, however, that the majority of the research in this area is dominated by American and European experimental laboratory research.  This research on perception, memory, and social processes has influenced guidelines on topics such as how to evaluate the credibility of testimony or overcome biases in decision-making around the world. Given the high stakes influence that legal psychology research can have, we should be cautious in the messaging around of our research. Henrich, Heine, and Norenzayan (2010) note that almost all experimental evidence in Psychology is based on samples from Western, Educated, Industrialized, Rich, and Democratic (WEIRD) societies and question the generalizability of said findings to other contexts and cultures. Similarly, applied research focusing on best practices in and around criminal investigations is mainly concerned with practices in WEIRD societies. As part of a series of interactions between Western-based legal psychology academics and practitioners in the Japanese legal system (the authors), we have come to realize that a stronger understanding of the current Japanese practice in the context of contemporary literature would be of benefit to both audiences.

Our objective here is to highlight unique features of the Japanese criminal justice system and place them in the context of the current scientific literature, as well as to identify opportunities for future research. We have focused our review on the more popular areas of research in legal psychology. We start with investigative interviewing practices in Japan (取り調べ – torishirabe), firstly by discussing police interviews with victims and witnesses, before going to onto give coverage of the interviewing and interrogation of criminal suspects. We will begin each section by describing Japanese practice as reported by practitioners, followed by an overview of the scientific literature pertinent to that process. Together, both parts can aid scientists in identifying novel research problems and practitioners can gain insight in the scientific validation of modern practices. Finally, we propose future directions for scientific inquiry to promote collaboration between practitioners and scientists.

 

 

7. Details of a new project to assist international research and practice collaborations

Dave Walsh, De Montfort University, Leicester

Ray Bull, University of Derby

Igor Areh, University of Maribor, Ljubljana

 

In 2016, Walsh and his editorial team had two volumes published that covered investigative interviewing/interrogation research and practice in 28 countries. Those countries where research and practices had been covered extensively in the extant literature were all included. Additionally, other countries were included where much less (or no) prior research had been conducted. Consistent with, and complement to, the aims of iIIRG, and the recent UN declaration of the ‘Mendez principles’ that advocates non-coercive interviewing, this presentation will announce the forthcoming ground-breaking publication of the “International Handbook of Investigative Interviewing Interrogation” covering 40-45 countries, none of whom were covered in the previous volumes (or indeed have been barely covered elsewhere).  Moreover, the presentation will present details of a timely ambitious project, underpinned by the Handbook, that aims to create a systematic approach to initiate collaborative projects between researchers in those countries, where research studies and knowledge of practices are less developed, as well as creating networks for collaborative projects between researchers in these countries and those where research is more established and knowledge of practice is more fully understood.  Our aim over a four-year cycle is to supplement the efforts of others with a bank of projects that enhances global research and practice.

 

8. Symposium Discussants:

Tom Ellis, University of Portsmouth

Masayuki Otake, The Legal Attaché at the Japanese Embassy in London